THE HON'BLE SRI JUSTICE A.V. SESHA SAI W.P.No.21798 of 2010 Between:
Chakka Mallikarjuna, PETITIONER AND
1. The government of Andhra Pradesh rep. by its Municipal Commissioner, Pithapuram Municipality, East Godavari District, and others.
RESPONDENTS ORDER:
This writ petition assails the action of the respondents in proposing to widen the road by acquiring the land from one side of the road, leaving the lands on the other side of the road untouched, and also proposing to demolish the buildings or acquire the lands adjacent to the buildings of the petitioner, i.e., Petrol Bunk situated in Dr.No.11- 1-46, Old Bus Stand, Pithapuram, East Godavari District for widening the main road without initiating any proceedings under the Land Acquisition Act, 1894, as being illegal, discriminatory, arbitrary, unjust and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and the principles of natural justice.
2. Heard Sri S.A. Razack, learned counsel for the petitioner, Sri B.D. Maheswara Reddy, learned Standing Counsel for the 1st respondent-Municipality and learned Government Pleader for Roads & Buildings for respondents 2 to 4, apart from perusing the material available on record.
3. According to the petitioner, he is the owner and possessor of the building bearing Dr.No.11-1-46, near Old Bus Stand, Pithapuram, East Godavari District and he is running a petrol bunk in the said premises as per the authorisation issued under the A.P. Petroleum Products (Licensing and Regulation of Supplies) Order. The grievance, precisely, in the present writ petition is that the respondent-authorities have proposed to widen the road leading from Government Hospital to Uppada Bus Stand, by acquiring the lands on the one side without following due process of law and without giving any notice and affording any opportunity to the petitioner, and the respondent-authorities are proceeding with the said action in violation of the provisions of the Land Acquisition Act, 1894.
4. This Court, while ordering Rule Nisi, on 2.09.2010 in W.P.M.P.No.27733 of 2010 granted interim direction, directing the respondents not to interfere with the possession of the petitioner in respect of the property in question, without following due process of law. Responding to the Rule Nisi issued by this Court, a counter affidavit is filed by the 1st respondent-Municipal Commissioner along with the application to vacate the interim order vide W.V.M.P.No.1559 of 2014. In the said counter affidavit it is categorically stated by the 1st respondent-Municipal Commissioner that the Municipal Council of the 1st respondent, unanimously passed a resolution vide item No.63 of the agenda dated 31.07.2010, resolving to widen the road from Government Hospital to Uppada Centre, by taking the land equally on either side of the road, vide CR.No.20, dated 31.07.2010. The counter further states that the said resolution was sent to the Executive Engineer, R & B Department, Kakinada, vide reference No.658/2010 G-1, dated 31.08.2010. The counter further avers that the 1st respondent would follow due process of law and other procedure as contemplated under the A.P. Municipalities Act and the Rules made thereunder.
5. In view of the abovementioned submissions made in the counter filed in support of the vacate application, this Court deems it appropriate to dispose of the present writ petition, by directing the respondents not to interfere with the possession and enjoyment of the petitioner in respect of the subject property, without following due process of law.
6. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
5th September, 2014 JUSTICE A.V. SESHA SAI.
Js.